FIFTH SECTION CASE OF G.T.B. v. SPAIN (Application no. 3041/19) JUDGMENT Art 8 • Positive obligations • Domestic authorities’ failure to comply with obligation to act with due diligence to assist a vulnerable minor, a Spanish national born abroad, to obtain birth registration not secured by his available parent, and consequently identity documents • Right to respect for private life including, in principle, an individual right to have one’s birth registered and to have access to other identity documents • Importance of “birth registration” for the respect of children’s human rights • Important public interests at stake in the process of birth registration justifying strict registration procedures, in particular, when birth took place outside the concerned State’s territory • Wide margin of appreciation covering legal substantive and procedural requirements imposed on the individual seeking to obtain a birth certificate and, on its basis, other identity documents • Adaptability in the standard procedures for the delivery of identity documents might be required when the circumstances made that imperative • Incumbent on the authorities to act in the child’s best interest to compensate for mother’s failings and prevent it from being left unregistered • Two-tier test developed: (i) At what point in time could it be said the authorities were sufficiently aware of the particular situation and could have reasonably expected to take active measures? (ii) Did the authorities take sufficiently adequate and timely action to assist the applicant? • Positive obligation to assist the applicant arose when it became clear that his only available parent would not be able to produce other documents • Authorities’ failure to take sufficiently adequate and timely action in discharging their obligation to act with due diligence resulting in important repercussions on the applicant STRASBOURG 16 November 2023 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.